According to CRS 18-6-800.3(2), domestic violence involves abuse or violence against an “intimate partner,” defined as: “a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”
Domestic violence is a sentencing enhancer that can be attached to all sorts of other crimes. For example, vandalizing the property of someone you have an intimate relationship with may be considered a form of domestic violence. Domestic violence can also be attached to an assault and battery charge, which is perhaps the domestic violence scenario that people are most familiar with. Learn more about the types of domestic charges in Colorado below.
Domestic violence is an enhancement, meaning that the punishment depends on the specific charge. Common consequences include the following:
Protection orders are legal orders issued by a court to protect individuals who are victims of domestic violence, harassment, stalking, or other forms of abuse. A domestic violence charge in Colorado triggers an automatic mandatory protection order. If you have an active protection order against you, you are prohibited from having contact or communication with the alleged victim.
In Colorado, domestic violence includes any act or threatened act of violence against someone with whom the offender has or had an intimate relationship. This can include a spouse, former spouse, dating partner, or co-parent.
It also covers crimes against property, animals, or people when committed as a method of coercion, control, intimidation, punishment, or revenge against that intimate partner. These behaviors may include physical assault, stalking, threats, and even damaging property or harming pets.
Colorado’s definition applies regardless of whether the individuals currently live together or were ever married.
To prove domestic violence in Colorado, the prosecution must show that a crime was committed and that it was committed against someone with whom the defendant had an intimate relationship.
Evidence may include the alleged victim’s statements, physical injuries, photos, 911 recordings, witness testimony, medical records, and police reports. Text messages, emails, or social media posts may also be used to show a pattern of abuse or threats. The prosecution does not need to prove injury – only that the act was meant to coerce, control, intimidate, or punish.
Because domestic violence is a sentence enhancer rather than a crime in and of itself, it must be attached to other criminal charges. The most common crimes that the domestic violence enhancer is added on to in the state of Colorado include:
After a domestic violence arrest in Colorado, several things happen quickly.
First, you will be taken to jail for booking, which includes fingerprinting, photographing, and recording your information. Colorado law requires officers to make an arrest if they have probable cause that domestic violence occurred.
You must remain in custody until you appear before a judge, usually within 48 hours. At that hearing, the judge will address your bond and issue a mandatory protection order that often mandates no contact with the alleged victim, leaving a shared home, and surrendering firearms.
The court will then schedule future hearings. It’s important to follow all release conditions and consult a domestic violence defense attorney as early as possible to begin building your case.
In Colorado, the length of a restraining order depends on the type.
A temporary protection order (TPO) is typically issued at your first court appearance and lasts until the next scheduled hearing, which usually occurs within 14 days. At that time, the court will decide whether to extend it into a permanent protection order (PPO).
If made permanent, the order can remain in place indefinitely, unless the restrained party successfully petitions the court to modify or cancel it. The court reviews such requests carefully, placing the safety of the protected person at the forefront of any considerations.
A temporary restraining order (TRO) in Colorado is issued quickly to provide immediate protection, often without the restrained person present. It typically lasts up to 14 days, until the court holds a full hearing.
At that hearing, the judge will decide whether to make the order permanent. A permanent protection order (PPO) has no set expiration date and can last indefinitely. However, the restrained party may later request that the court modify or lift it, subject to strict legal standards.
If someone files a restraining order against you in Colorado, you have the right to contest it at a court hearing.
You’ll receive notice of the hearing date when the temporary order is issued. At the hearing, you can present evidence, bring witnesses, and cross-examine the other party. It’s important to prepare thoroughly, as the judge will decide whether to make the order permanent based on the evidence presented.
A Colorado domestic violence attorney can help you gather documents, identify legal defenses, and ensure your rights are protected in court.
In Colorado, you may still be allowed to see your children during a domestic violence case, but the court will likely impose restrictions to protect their safety.
Menacing occurs when an individual employs threats or actions intended to make someone fear imminent and serious bodily harm. Depending on the circumstances, menacing can be charged as either a misdemeanor or a felony.
So, what are the key elements of a menacing charge? The main things that the prosecution will want to establish are intent, means, and the fear of immediate harm. Some common examples of menacing in a domestic violence context include:
The severity of menacing charges varies depending on the circumstances. As explained above, menacing charges can be classed as either a misdemeanor or a felony. Misdemeanor menacing convictions can carry up to 364 days in jail and fines of up to $1,000. Felony menacing convictions, which are much more serious, can carry up to three years in prison, fines of up to $100,000, and mandatory parole of two years.
For individuals wondering how to beat a menacing charge, our top recommendation is to hire an experienced legal team that you can trust. An expert attorney will help you craft a defense that gives you the best possible chances at success. Some common defense strategies for menacing charges include:
If you are facing domestic violence-related menacing charges, get started today with a FREE consultation. The team at MBS Law is here to help you.
Because felony menacing involves the use of a deadly weapon (or the implication that the perpetrator is wielding one), it is considered a violent crime under Colorado law. Even while physical harm may not occur, the nature of the crime suggests a risk of violence and bodily injury.
Because it is considered a violent crime, felony menacing can trigger more severe penalties, especially if it is charged with a domestic violence sentence enhancement. Violent crime convictions can also result in stricter parole conditions, longer mandatory periods of supervision, and the loss of gun ownership rights under both state and federal law.
During domestic violence cases, the court will evaluate all available evidence in order to assess the truth of the claims. This includes police reports, medical records, physical evidence (such as injuries or photographs), and victim & witness testimonies.
In criminal cases, the prosecution must prove that the allegations are true beyond a reasonable doubt (i.e. the burden of proof).
In civil matters, such as hearings for protective orders, the standard of proof is lower, typically preponderance of the evidence (meaning the claim is more likely true than not).
Yes, there is a chance your domestic violence charges could be dropped or reduced in Colorado, depending on the facts of the case.
If the evidence is weak, inconsistent, or lacks credibility, the prosecutor may choose not to proceed. In some cases, charges may be reduced through a plea deal, especially if there’s no prior history or if the alleged victim does not wish to testify. However, prosecutors are limited by law and cannot remove the domestic violence designation unless the facts clearly don’t support it.
Domestic violence convictions in Colorado become part of your permanent criminal record and cannot be expunged or erased – even misdemeanors and/or plea deals.
However, if charges are dismissed or you are found not guilty, the record of your arrest can be sealed, meaning it’s hidden from most public background checks (but still accessible to law enforcement). Colorado law does not allow expungement of adult domestic violence convictions, though juvenile cases or situations involving dismissed charges may be sealable. You may ask a court to seal your record if eligible, but a conviction remains visible everywhere.
After a domestic violence arrest in Colorado, you have the right to legal representation.
If you cannot afford an attorney, ask the court to appoint a public defender at your first hearing. If you prefer to hire a private lawyer, look for one with experience in domestic violence defense, such as MBS Law. For help with related civil matters like protection orders or custody, organizations such as Colorado Legal Services may provide low-cost or free assistance to those who qualify.
If you are facing domestic violence charges in Denver or a surrounding county, reach out to the MBS Law team today to schedule a free, confidential consultation.
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